Players choose to challenge NBA in court

Steve Bulpett Monday, November 14, 2011

NEW YORK -- The leadership of the National Basketball Players Association today chose to file a notice of disclaimer, essentially turning the union into a trade association and throwing the 2011-12 NBA season into serious jeopardy.

Billy Hunter, executive director of the union, said the league office was notified of the move before he and player representatives from the 30 teams met with the media at a hotel in the Times Square area.

Rajon Rondo represented the Celtics and said later, "It took us some time. It wasn't something I think we rushed into. Guys felt strongly about our opinion and our decision we made.

"There's a lot at stake, a lot of risks, but at the end of the day we've got to try to make the right decision for us as a whole."

Commissioner David Stern fired back a short time later, called the move a bargaining ploy and a charade.

"What they've done is destroyed incredible value that would've gone to the union membership," he said during an interview on broadcast partner ESPN. "We were very close, and they decided to blow it up."

In a statement from the league later, Stern said, "At a bargaining session in February 2010, Jeffrey Kessler, counsel for the union, threatened that the players would abandon the collective bargaining process and start an antitrust lawsuit against our teams if they did not get a bargaining resolution that was acceptable to them.

"In anticipation of this day, the NBA filed an unfair labor practice charge before the National Labor Relations Board asserting that, by virtue of its continued threats, the union was not bargaining in good faith. We also began a litigation in federal court in anticipation of this same bargaining tactic.

"The NBA has negotiated in good faith throughout the collective bargaining process, but -- because our revised bargaining proposal was not to its liking -– the union has decided to make good on Mr. Kessler’s threat.

"There will ultimately be a new collective bargaining agreement, but the 2011-12 season is now in jeopardy."

The obvious hope of the players is that this move brings the NBA back to the table and causes them to improve the offer the union turned down yesterday. But Stern has maintained the best offer from the league is already on the table.

But the union acted today as if it was pushed over the edge

"We've negotiated in good faith for over two years," said Hunter. "The players just felt that they've given enough."

Rondo concurred, noting the players considered the larger issues before focusing on their own personal needs or desires.

"It wasn't an easy decision, but at the end of the day you can't look selfishly when you try to make these decisions," he said. "You try to look for the best decision as a whole."

Rondo is the Celtics' alternate player rep. Paul Pierce, the main rep and one thought to be a leader in the movement to take the NBA to court, did not attend for the second straight player rep session.

Hunter again insisted his absence was not a problem.

"Not at all," Hunter said. "If he's a member of the decert group, then we've already done what he's seeking to do. So if we were in opposite groups, we no longer are."